New Jersey Consumer Rights Guide

New Jersey
Consumer
Rights
Guide
Division of Consumer Affairs
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800-242-5846 n www.NJConsumerAffairs.gov
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A message from
David Szuchman
Director, New Jersey
Division of Consumer Affairs
“State consumer laws and regulations provide
shoppers with certain rights and protections in the
marketplace.
The ability to purchase a product at the price
advertised or posted, or to obtain a raincheck when
a product is sold out, are among the rights that
New Jersey consumers have. Consumers also must
be informed of a store’s refund policy.
Please review the information in this booklet to
know your rights and how to file a complaint with
the Division of Consumer Affairs if you believe a
store or retailer has committed a violation.”
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We’re Sold Out!
Under the New Jersey General Advertising
Practices Act, advertisers must maintain and offer
for immediate purchase advertised merchandise in
quantity sufficient to meet reasonably
anticipated demands.
Except:
4 On an in-store sign with no corresponding out-of-store sign
4 When offered with specific quantity
4 When available in a “limited supply”
pursuant to a “closeout sale” or “clearance sale.”
For additional information, go to NJConsumerAffairs.gov/ocp.htm
Statutes (Consumer Fraud Act) and Regulations–N.J.A.C. 13:45A-9.2
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Rainchecks?
All stores are not required to issue rainchecks. If
they advertise rainchecks, they must issue you a
written document allowing the purchase of the
designated merchandise at a previously
advertised price.
Stores must:
4 Honor or satisfy the raincheck within 60
days of issuance unless an extension of
such time period is agreed to by the holder of the raincheck.
4 For merchandise over $15.00 per unit,
they must give you written or telephonic
notice that the merchandise is available
for a period of no less than 10 days from
notification.
4 Offer a raincheck to all customers who
are unable, due to the unavailability, to
purchase the advertised merchandise
during the time period of the sale.
For additional information, go to NJConsumerAffairs.gov/ocp.htm
Statutes (Consumer Fraud Act) and Regulations–N.J.SA 56:8-2.28
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It doesn’t have a price?
New Jersey requires all merchants who sell,
attempt to sell, or offer for sale any merchandise
at retail, to affix to the merchandise the total
selling price. This may be accomplished by plainly
marking the item with a stamp, tag, label or sign,
or the stamp, tag, label or sign clearly showing
the total selling price may be located at the point
where the merchandise is offered for sale.
For additional information, go to NJConsumerAffairs.gov/ocp.htm
Statutes (Consumer Fraud Act) and Regulations–N.J.SA 56:8-2.5
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How do I get a refund?
Each retail merchant must conspicuously post its
refund policy on a sign at least at these locations:
4 Attached to the item itself
4 Affixed to each cash register or point of
sale
4 Clearly visible to the buyer from the cash
register, or
4 Posted at each store entrance used by the
public.
The retail merchant must state whether the
business issues refunds and under what conditions
a refund will be given, including:
4 merchandise advertised as “sale”
merchandise or “as is”
4 merchandise for which there is no proof
of purchase
4 beyond a point in time
4 in cash, or as credit or store credit only.
Businesses with no posted refund policies shall be
liable to the buyer, for up to 20 days from the date
of purchase, for a cash refund or a credit, at the
buyer’s option, provided the merchandise has not
been used or damaged.
For additional information, go to NJConsumerAffairs.gov/ocp.htm
Statutes (Consumer Fraud Act) and Regulations–N.J.SA 56:8-2.14
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It did NOT ring
up as marked!
The shelf price, advertised price or label price must
match the scanner price on your receipt.
At gas stations, the price on the sign must match
the price on the pump.
Check scales to make sure they are set to zero
prior to weighing. Have the business subtract the
tare weight of the container. Make sure that you
always check for a current New Jersey Weights &
Measures seal indicating that the scale has
been tested.
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What do I need to
know about Gift Cards
or Gift Certificates?
4 Gift Cards and Certificates are valid for a mini-
mum time period of 24 months after purchase.
month dormancy fee after 24 months if it is disclosed on the card/certificate along with a telephone number the consumer can call to check on the expiration date and dormancy fee.
4 Merchants can charge you up $2.00 per What do I need to know
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about shopping online?
4 Paying by credit card is safer than paying by check or money order.
4 Check for a secure Internet connection by looking for the picture of the closed lock or the words “Secure Socket Layer” (S.S.L.).
4 Research the seller’s reputation by searching for comments, calling the telephone number listed on the site, and checking with the Division of Consumer Affairs for complaints.
For additional information, go to NJConsumerAffairs.gov/ocp.htm
Statutes (Consumer Fraud Act) and Regulations–N.J.SA 56:8-110
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What do I have
to lose at the gym
besides weight?
You can lose your money if the gym is not registered
with The N.J. Division of Consumer Affairs and you
have signed up for a membership greater than three
(3) months. Call (973) 504-6370 to check on your
gym before you sign up.
What should I leave the gym with when I sign up to
join? Always leave with a copy of the contract. If they
do not give you a copy, ask them to provide you with
one: it’s required by law.
What should I do when my contract is about to end?
You should always review your contract to see what
the club’s requirements are to cancel. Most clubs
require that you give them notice. Please review your
contract.
What if I just joined the gym yesterday and then
changed my mind? You have three days from the
day you sign the contract to cancel, and that does not
include Sundays or holidays.
For additional information, go to NJConsumerAffairs.gov/ocp.htm
Statutes (Consumer Fraud Act) and Regulations–N.J.SA 56:8-110
RECORD YOUR PURCHASES
Item
Purchased
Retailer
Date
Price
Cash/
Credit Card
Type of
Credit Card
RECORD YOUR PURCHASES
Item
Purchased
Retailer
Date
Price
Cash/
Credit Card
Type of
Credit Card
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How do I file a complaint?
You may file a complaint online by visiting the
New Jersey Division of Consumer Affairs Web site at:
NJConsumerAffairs.gov/ocp/ocpform.htm
or by completing the attached Complaint Form.
If you have any questions, call us toll free within New
Jersey at 800-242-5846 or at 973-504-6200 from
outside New Jersey.
New Jersey
Consumer
Rights
Guide
Division of Consumer Affairs
Jon Corzine, Governor
Anne Milgram, Attorney General
David Szuchman, Director
800-242-5846 n www.NJConsumerAffairs.gov